As amended through September 30, 2024
Rule 10 - DISQUALIFICATION(a)Of Counsel. If a Respondent submits a written request to disqualify Counsel, the matter shall be decided by the Board Chairperson, after Counsel has had an opportunity to respond. (i) The Board Chairperson shall decide whether to grant or deny the request. The Board Chairperson's decision shall be communicated to the Parties without further Board action.(ii) If Counsel is disqualified, the Board Chairperson shall appoint Special Assistant Disciplinary Counsel to discharge the powers and duties of Counsel in the particular matter.(b)Of Board Members. If a Respondent submits a written request or orally moves to disqualify a Board Member, the matter shall be decided by the Board Chairperson, after Counsel has had an opportunity to respond.(i) The Board Chairperson shall decide whether to grant or deny the request. The Board Chairperson's decision shall be communicated to the Parties without further Board action.(ii) Ad hoc members may be appointed to the Board pursuant to RSCH 2.4(c).(iii) A Board member shall not represent a Respondent in the investigation of a Grievance or Complaint or in any investigation or proceeding before any Hearing Officer, Hearing Committee, or the Board while serving or within a one-year period after the conclusion of his or her term. A Board member shall not accept representation of a Respondent in any matter that was pending with the ODC while said member was serving.(c)Of Hearing Officers or Hearing Committee Members.(i) No person representing a Respondent in any investigation or proceeding shall be appointed as a Hearing Officer or as a Hearing Committee member.(ii) If, a person on the panel of Hearing Officers or Hearing Committee Members undertakes representation of a Respondent, that person shall be disqualified from further service for a period of one year following conclusion of his or her representation of such Respondent.Amended May 27, 2010, effective 7/1/2011.